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and 114 New York State Reporter NEW YORK CENT. & H. R. R. CO., Ap- 1 Appellants and Respondents. (Supreme Court, pellant, v. AUBURN INTERURBAN ELEC- Appellate Division, Second Department. JanuTRIC R. CO., Respondent. _(Supreme Court, ary 23, 1903.) Action by the Ostrander Fire Appellate Division, Fourth Department. Jan- Brick Company against Peter J. McCormick, uary 20, 1903.) Action by the New York Cen- Frederick G. Voss, James B. Ludlow, and Jacob tral & Hudson River Railroad Company against F. Miller, as executors, etc., of Thomas W. Ludthe Auburn Interurban Electric Railroad Com- low, Jr., deceased, and others. No opinion. Or. pany.

der reversed on argument, by consent, and moPER CURIAM. Judgment affirmed, with tion dismissing the complaint granted, without costs.

costs. McLENNAN, J., not voting. NEW YORK CENT. & H. R. R. CO. v. OF BẢLTIMORE, Appellant. (Supreme Court,

OTT, Respondent, v. HOME FIRE INS. CO. STATE. (Supreme Court, Appellate Division, Appellate Division, Third Department. January Third Department. January 14, 1903.) Action 14, 1903.) Action by Albert Ott against the by the New York Central & Hudson River Home Fire Insurance Company of Baltimore. Railroad Company against the state of New No opinion. Judgment and order unanimously York. No opinion. Judgment unanimously af- affirmed, with costs. firmed, with costs.

PECK V. BARNEY et al. (two cases). (SuNORTHAM, Respondent, v. DUTCHESS preme Court, Appellate Division, Second De. COUNTY MUT. INS. CO. OF POUGH. partment. January 16, 1903.) Two actions by KEEPSIE, Appellant. (Supreme Court, Ap- George W. Peck, as trustee, etc., against Charles pellate Division, Fourth Department. January T. Barney and others. No opinions. Orders 13, 1903.) Action by Lewis A. Northam, as affirmed, with $10 costs in each case, and disassignee, etc., against the Dutchess County

bursements. Mutual Insurance Company of Poughkeepsie, New York. No opinion. Judgment and order

In re PENNSYLVANIA, N. Y. & L. I. R. affirmed, with costs.

CO. (Supreme Court, Appellate Division, First McLENNAN, J., dissentiug, upon the ground Department. February 20, 1903.). In the matthat the verdict is against the weight of evi- ter of the Pennsylvania, New York & Long Isdence, on the authority of same case. 68 App. land Railroad Company. No opinion. Motion Div. 475, 74 N. Y. Supp. 29.

granted. NORTHERN ELEVATOR CO., Respondent, v. LEHIGH VAL. R. CO., Appellant. PEOPLE, Respondent, V. BERKMAN, Ap(Supreme Court, Appellate Division, Fourth pella nt. (Supreme Court, Appellate Division, Department. January 27, 1903.) Action by First Department. January 9, 1903.) Proceed. the Northern Elevator Company against the ing by the people of the state of New York Lehigh Valley Railroad Company. No opinion. against Israel Berkman. 0. A. Rosalsky, for Order affirmed, with $10 costs and disburse appellant. R. C. Taylor, for the People. No ments.

opinion. Judgment affirmed. O'BRIEN et al., Respondents, v. DWYER et pellant.

PEOPLE, Respondent, V. GUICHANE, Ap

(Supreme Court, Appellate Division, al., Appellants. (Supreme Court, Appellate Di First Department. February 20, 1903.) Pro'vision, Fourth Department. January 30, 1903.) ceeding by the people of the state of New York Action by Henry O'Brien and others, con- against Francois Guichane. J. D. Lindsay, for stituting the Syracuse Stock & Grain Company, against John J. Dwyer, Clarence E. appellant. R. C. Taylor, for the People. No Cooley, impleaded, etc. No opinion. Motion

opinion. Judgment affirmed. for leave to appeal to the Court of Appeals granted, and questions to be certified to be pellate Division, First Department. January 23,

PEOPLE v. HAND. (Supreme Court, Apsettled before Mr. Justice HISCOCK at his 1903.) Proceeding by the people of the state of chambers in Syracuse.

New York against Robert Hand. No opinion.

Motion granted.
O'CONNELL, Respondent, v. SHERA, Appel-
lant. (Supreme Court, Appellate Division, First
Department. January 23, 1903.) Action by

PEOPLE, Respondent, v. LAKE, Appellant. Katherine O'Connell against Ethelinda J. Shera. (Supreme Court, Appellate Division, First De W. J. McGoy, for appellant, C. J. G. Hall, for the people of the state of New York against

partment. February 20, 1903.) Proceeding, by respondent. No opinion. Judgment and order Pater Lake. L. Loewenstein, for appellant, R. affirmed, with costs. See 73 N. Y. Supp. 231.

C. Taylor, for the People. No opinion. Judg. In re ORR et al. (Supreme Court, Appellate ment affirmed. Division, First Department. February 13, 1903.) In the matter of Alexander E. Orr and PEOPLE 7. TITE. (Supreme Court, Appelothers. No opinion. Compensation fixed. late Division, First Department. January 9,

1903.) Proceeding by the people of the state of OSTRANDER FIRE BRICK CO., Plaintiff, New York against Thomas Tite. No opinion. Respondent, v. McCORMICK et al., Defendants, | Motion granted.

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PEOPLE ex rel. BROOKLYN CITY R. CO., | the state of New York, on the relation of Appellant, STATE BOARD OF TAX | George E. Hauser, against John N. Partridge, COM’RS, Respondent. (Supreme Court, Appel- commissioner. F. E. Perham, for appellant. T. late Division, Third Department. January 23, Connoly, for respondent. No opinion. Proceed1903.) Proceeding by the people of the state of ings affirmed, and writ dismissed, with costs. New York, on the relation of the Brooklyn City Railroad Company, against the State Board of PEOPLE ex rel. KENEFICK, Appellant, v. Tax Commissioners. No opinion. Order appeal- FINN, Respondent. (Supreme Court, Appellate ed from affirmed on the facts and reversed on Division, First Department. January 9, 1903.) the law, and assessment vacated, upon opinions Proceeding by the people of the state of New in People ex rel. Metropolitan St. Ry. Co. v. | York, on the relation of Jeremiah Kenefick, State Board of Tax Com’rs (decided this term) against Daniel E. Finn. C. 0. Maas, for appelSO Y. Y. Supp. 85. Form of order, if not agreed lant. W. B. Crowell, for respondent. No opinupon, to be settled by CHASE, J.

ion. Order affirmed, with $10 costs and disburse

ments. PEOPLE ex rel. BURNS, Appellant, v. PARTRIDGE, Police Com'r, Respondent. (Supreme Court, Appellate Division, Second Depart

PEOPLE ex rel. LEACH v. WOODBURY. ment. January 9, 1903.) Proceeding by the peo- | (Supreme Court, Appellate Division, First Deple of the state of New York, on the relation of partment. January 9, 1903.) Proceeding by Edward J. Burns, against John N. Partridge, as

the people of the state of New York, on the repolice commissioner of the city of New York, lation of Michael H. Leach, against John McG. etc. No opinion. Reargument ordered for Fri- Woodbury. No opinion. Motion denied, with day, January 23, 1903.) See 78 N. Y. Supp. 249. $10 costs. PEOPLE ex rel. CONEY ISLAND & B. R.

PEOPLE ex rel. McCABE et al. V. MAT. CO., Appellant, v. PRIEST et al., Respondents. THIES et al., Town Auditors. (Supreme Court, (Supreme Court, Appellate Division, Third De Appellate Division, Second Department. Janurartment. January 23, 1903.), Proceeding by ary 30, 1903.) Proceeding by the people of the the people of the state of New York, on the relation of the Coney Island & Brooklyn Railroad F. McCabe and John Duffy, against Charles A.

state of New York, on the relation of William Company against George E. Priest and others, Matthies, John J. Haley, and James D. Wright, constituting the State Tax Board. No opinion.

as the board of town auditors of the town of Order appealed from affirmed on the facts and White Plains. reversed on the law, and assessment vacated, up- appeal denied.

No opinion. Motion to dismiss on opinions in People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Com’rs (decided this term) 80 N. Y. Supp. 85. Form of order, if PEOPLE ex rel. NEW AMSTERDAM GAS not agreed upon, to be settled by CHASE, J. CO., Appellant, v. PRIEST et al., Respondents.

(Supreme Court, Appellate Division, Third DePEOPLE ex rel. CONSOLIDATED GAS partment. January 23, 1903.) Proceeding by CO. OF NEW YORK, Appellant, v. STATE the people of the state of New York, on the reBOARD OF TAX COM’RS, Respondent. (Su- lation of the New Amsterdam Gas Company, preme Court, Appellate Division, Third Depart. against George E. Priest, J. Edgar Leaycraft, ment. January 23, 1903.), Proceeding by the and Lester F. Stearns, composing and constitutpeople of the state of New York, on the relation ing the State Board of Tax Commissioners of the of the Consolidated Gas Company of New York, State of New York. No opinion. Order appeal.. against the State Board of Tax Commissioners. ed from affirmed on the facts and reversed on No opinion. Order appealed from affirmed on the the law, and assessment vacated, upon opinions facts and reversed on the law, and assessment in People ex rel. Metropolitan St. Ry. Co. v. vacated, upon opinions in People ex rel. Metro- State Board of Tax Com’rs (decided this term) politan St. Railway Co. v. State Board of Tax 80 N. Y. Supp. 85. Form of order, if not agreed Com’rs (decided this term) 80 N. Y. Supp. 85. upon, to be settled by CHASE, J. Form of order, if not agreed upon, to be settled by CHASE, J.

PEOPLE ex rel. NEW YORK CENT. & H.

R. R. CO. et al. v. BOARD OF RAILROAD PEOPLE ex rel. DE BELPRAT, Respond- | COM'RS OF NEW YORK et al. (Supreme ent, v. COLE et al., Appellants. (Supreme Court, Appellate Division, Third Department. Court, Appellate Division, Second Department. January 14, 1903.) Proceeding by the people of January 30, 1903.) Proceeding by the people of the state of New York, on the relation of the the state of New York, on the relation of Alma New York Central & Hudson River Railroad H. De Belprat, against William J. Cole and oth- Company and the Skaneateles Railroad Comers, composing the school board of the borough pany, against the Board of Railroad Commissionof Richmond, and others. No opinion. Final or

ers of the State of New York, and Ashley W. der and order denying motion for new trial af- Cole and others, as Railroad Commissioners of firmed, with costs.

the State of New York, and being the members

of said board, and the Syracuse, Skaneateles & PEOPLE ex rel. HAUSER, Appellant, v. Moravia Railroad Company: No. opinion. DePARTRIDGE, Com'r, Respondent. (Supreme termination of the Railroad Commissioners unani. Court, Appellate Division,. First Department. mously confirmed, with $50 costs and disburse January 9, 1903.) Proceeding by the people of ments against the relator to the respondent.

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and 114 New York State Reporter PEOPLE ex rel. PARKE-DAVIS & CO. v. PLATE, Respondent, V. BLUMENFELD, MILLER, Comptroller. (Supreme Court, Ap Appellant. (Supreme Court, Appellate Division, pellate Division, Third Department. January Second Department. January 16, 1903.) Action 14, 1903.), Proceeding by the people of the by Bernhard Plate against “Beny” Blumenfeld, state of New York, on the relation of Parke- the said name "Beny" being fictitious, his true Davis & Co., against Nathan L. Miller, Comp- Christian name being unknown to plaintiff. No troller of the State of New York. No opinion. opinion. Judgment unanimously affirmed, with Determination of the Comptroller confirmed, costs. with $50 costs and disbursements.

PEOPLE ex rel. RICE v. STURGIS, Com'r. PLUMMER, Respondent, F. INTERNA(Supreme Court, Appellate Division, First De- TIONAL POWER CO., Appellant. (Supreme partment. February 6, 1903.) Proceeding by Court, Appellate Division, First Department. the people of the state of New York, on the January 23, 1903.) Action by John F. Plumrelation of Thomas F. Rice, against Thomas mer against the International Power Company. Sturgis, commissioner. No opinion. Motion de- P. G. Bartlett, for appellant. J. R. Dos Pasnied.

sos, for respondent. No opinion. Order af

firmed, with $10 costs and disbursements. PEOPLE ex rel. RUTHERFORD, Respond- PORTER V. INTERNATIONAL BRIDGE ent, STEWART, Appellaut. (Supreme Co. et al. (Supreme Court, Appellate DiviCourt, Appellate Division, First Department. sion, Fourth Department. January 30, 1903.) January 9, 1903.) Proceeding by the people of Action by Peter A. Porter individually and as the state of New York, on the relation of grantee, etc., against the International Bridge Francis M. Rutherford, against Perex M. Stew- Company, the Grand Trunk Railway Company art, as superintendent, etc. W. B. Crowell, of Canada, and others. No opinion. Motion for appellant. A. S. Gilbert, for respondent. for reargument devied. Motion for leave to No opinion. Order reversed, with costs, ou appeal to the Court of Appeals granted. Questhe authority of People ex rel. O'Toole v. Stew- tions to be certified to be settled before Mr. art (decided Nov. 7, 1902) 78 N. Y. Supp. 473. Justice Spring upon two days' notice. PEOPLE ex rel. VICARY V. KILLIAN.

POWDERLY v. SOOYSMITH et al. (Su(Supreme Court, Appellate Division, First De- preme Court, Appellate Division, Third Department. February 20, 1903.) Proceeding by partment. January 23, 1903.) Action by the people of the state of New York, on the James Powderly against Sooysmith & Co. No relation of Elsie Vicary, against Frederick opinion. Motiou denied, without costs. Killian. No opinion. Motion granted, with $10 costs.

PRINZ, Appellant, v. CITIZENS' INS. CO.,

Respondent. (Supreme Court, Appellate DiviPEOPLE ex rel. HARDING v. COLLIER et sion, Second Department. January 30. 1903.) al. PEOPLE ex rel. NEAL V. SAME. PEO- Action by Henrietta Priuz against the Citizens' PLE ex rel. SIMS v. SAME. PEOPLE ex rel. Insurance Company. No opinion. This case WILLS v. SAME.(Supreme Court, Appellate has been submitted upon the assumption that Division, Second Department. January 9, the record contains all the evidence, although 1903.) Separate proceedings by the people of there is no certificate to that effect. In order the state of New York, on the relation, re- that this omission may be supplied, the decision spectively, of John M. Harding, of Alexander of the case will be deferred to enable couvel Neal, of Michael J. Sims, and of William H. to insert the proper certificate. Wills, against William Miller Collier and others, constituting the State Civil Service Com- QUACKENBOSS v. GLOBE & RUTGERS mission. No opinions. Orders affirmed, with: FIRE INS. CO. (Supreme Court, Appellate out costs, on the authority of Matter of Blust Division, First Department. January 16, 1903.) V. Collier, 62 App. Div. 478, 70 N. Y. Supp. 774 Action by George W. Quackenboss against the

Globe & Rutgers Fire Insurance Company. PETCHAFT, Respondent, ROSEN- No opinion. Motion denied, with $10 costs. BLUM, Appellant. (Supreme Court, Appellate Division, First Department. February 6, 1903.) Action by Bernard Petchaft against

RAGEN et al., Respondeuts, v. DUNDON, George Rosenblum. H. M. Marks, for appel- | Appellant. , (Supreme Court, 'Appellate Diri. lant. s. Friedlander, for respondent. No opin- sion, Fourth Department. January 13, 1903.) ion. Order affirmed, with $10 costs and dis- Action by John Ragen and others against Edbursements.

ward A. Dundon. No opinion. Judgment and

order affirmed, with costs. PIKE, Appellant, v. HOLBROOK, Respond- RAYNOR, Appellant, PRUDENTIAL ent. (Supreme Court, Appellate Division, First INS. CO. OF AMERICA Respondent. (SuDepartment. February 20, 1903.) Action by preme Court, Appellate Division. Second De Charlotte G. Pike against Louisa R. Holbrook, partment. January 9, 1903.) Action by Ellen as administratrix. G. W. Miller, for appellant. A. Raynor against the Prudential Insurance T. H. Silkman, for respondent. No opinion. Company of America. No opinion. Motion Judgment affirmed, with costs.

granted.

RIVERSIDE BANK V. JONES. (Supreme | Mix and Leonard, are liable; that the circular, Court, Appellate Division, First Department. Exhibit 8, received as against Mix, was comJanuary 9, 1903.) Action by the Riverside Bank petent as evidence of the contents of similar against W. Martin Jones. No opinion. Motion advertising matter, which Mix testifies he had denied, with $10 costs.

sent out, which advertising matter does not ap

pear to have been sent out subsequent to the ROBERTS, Respondent, v. CITY OF NEW transactions bad with the plaintiff and her asYORK, Appellant. (Supreme Court, Appellate signors. Division, Second Department. January 16, 1903.) Action by Josephine M. Roberts, as administratrix, etc., of Mortimer Roberts, deceased,

SCHMID, Respondent, v. METROPOLITAN against the City of New York. No opinion. ST. RY. CO., Appellant. (Supreme Court, ApJudgment and order unanimously affirmed, with rellate Division, First Department. January costs.

23, 1903.) Action by Gottfried Schmid against the Metropolitan Street Railway Company. B.

H. Ames, for appellant. J. R. Cady, for reROEHR et al., Respondents, V: WEAVER, spondent. No opinion. Judgment and order afAppellant. (Supreme Court, Appellate Division, firmed, with costs. Second Department. January 16, 1903.) ACtion by Edward H. M. Roehr, John T. McGovern, and Samuel W. Maguire against George C. SCHROTH, Respondent, V. ROCHESTER Weaver. No opinion. Judgment of the Mu- RY. CO., Appellant. (Supreme Court, Appellate nicipal Court affirmed, with costs.

Division, Fourth Department. January 13,

1903.) Action by Jacob Schroth against the ROSE, Respondent, v. THOMAS, Appellant. Rochester Railway Company. No opinion. (Supreme Court, Appellate Division, Second De- Judgment and order affirmed, with costs. partment. January 9, 1903.) Action by John B. Rose against Hugh Thomas. No opinion. SCHWARTZ, Respondent, v. PAINE, AppelOrder affirmed on argument, with $10 costs and lant. (Supreme Court, Appellate Division, First disbursements.

Department. February 6, 1903.) Action by

Max Schwartz against J. Overton Paine. G. R. RUDTKE, Respondent, v. ROSEFF, Appel- Bristor, for appellant. N. Burkan, for respondlant. _ (Supreme Court, Appellate Division, Sec-ent. No opinion. Judgment and order affirmed, ond Department. February 11, 1903.) Action with costs. by Valentine Rudtke against Samuel Roseff. No opinion. Judgment of the Municipal Court

SEAMAN, Respondent, v. MICHAELS, Apaffirmed, with costs.

pellant. (Supreme Court, Appellate Division,

Second Department. January 9, 1903.) AcSAUNDERS, Plaintiff, v. ROCHESTER RY. tion by Frank Seaman against Richard MiCO., Defendant. (Supreme Court, Appellate Di-chaels. No opinion. Judgment of the Municivision, Fourth Department. January 20, 1903.) pal Court affirmed, with costs. Action by Eleanor G. Saunders against the Rochester Railway Company. No opinion. Plaintiff's exceptions overruled. Motion for a

SEGGERMAN, Appellant, v. METROPOLInew trial denied, and judgment ordered for the TAN ST. RY. "Co., Respondent. (Supreme defendant upon the nonsuit.

Court, Appellate Division, First Departinent.

February 6, 1903.) Action by Victor A. SegIn re SAYLES. (Supreme Court, Appellate german against the Metropolitan Street RailDivision, First Department. February 13, 1903.) way. Company. A. Ofner, for respondent. No In the matter of Whipple A. Sayles. No opin- opinion. Order affirmed, with costs, on the ion. Motion dismissed, with $10 costs.

opinion of the court below. 77 N. Y. Supp. 905.

O'BRIEN, J., concurring in result.
SCHIFFMANN, Respondent, v. CASTAG-
NETO, appellant. (Supreme Court, Appellate
Division, Second Department. January 16, 1903.) ITAN ST. RY. CO., Appellant.

SESSELMAN, Respondent, v. METROPOLAction by Harry Schiffmann against Marie Cas- Court, Appellate Division, Second Department.

(Supreme tagneto. No opinion. The motion for leave to January 23, 1903. Action by Karl Sesselman withdraw the appeal granted upon, condition against the Metropolitan Street Railway Comthat the appellant pay the costs of the appeal; pany. No opinion. Motion denied. otherwise the judgment is affirmed, with costs. SCHMARDER, Respondent, v. MIX, Appel

In re SHAFFER. (Supreme Court, Appellate lant. (Supreme Court Appellate Division, Division, Fourth Department. January 27, Fourth Department. January 27, 1903.) Aco | 1903.) In the matter of the proceedings for the tion by Barbara Schmarder against Charles W. disbarment of A. W. Shaffer, an attorney and Mix.

counselor at law. No opinion. Order to show PER CURIAM. Judgment and order affirm-cause returnable March 10, 1903, entered. ed, with costs. Held, that the defective allegations of the complaint were cured by amend- SHAW v. UNION BAG & PAPER CO. (Sument properly made upon the trial; that upon preme Court, Appellate Division, Third Departthe case made by the plaintiff the defendants, ment. January 20, 1903.) Action by Jack

and 114 New York State Reporter Shaw an infant, by Aaron Shaw, his guardian SMITH, Appellant, v. MUNTER, Respondent ad litem, against the Union Bag & Paper Com- (Supreme Court, Appellate Division, First De pany. No opinion. Motion denied, without partment. January 9, 1903.) Action by James costs.

Smith against Joseph R. Munter. W. R. Hill,

for appellant. H.W. Unger, for respondent. SHERIDAN, Respondent, v. METROPOL- No, opinion. Order affirmed, with $10 costs and ITAN ST. RY. CO., Appellant. (Supreme Court,

disbursements. Appellate Division, First Department. February 6, 1903.) Action by Robert Sheridan SMITH, Respondent, V. SAMPSON et al., against the Metropolitan Street Railway Com- Appellants. (Supreme Court, Appellate Division, pany. A. Ofner, for appellant. J. H. Řadigan, Second Department. January 16, 1903.) Action for respondent. No opinion. Judgment and or- by William J. Smith against John S. Sampson der affirmed, with costs.

and Henry W. Meyer. No opinion. Judgment

of the Municipal Court affirmed by default, with SHIPSEY et al. v. MANHATTAN RY, CO. costs. (Supreme Court, Appellate Division, First Department. February 13, 1903.) Action by Ja

In re SMITH'S WILL. (Supreme Court, apcob Shipsey and others against the Manhattan pellate Division, Second Department. January Railway Company. No opinion. Motion grant- 123, 1903.) In the matter of the probate of the ed, with $10 costs.

last will and testament of Thomas C. Smith,

deceased, etc. No opinion. Decree of the SISHORTEL, Respondent, y. CARL, Appellant. rogate's Court of Kings county affirmed, with (Supreme Court, Appellate Division, Third De- costs. partment. January 14, 1903.) Action by Margaret Shortel against Herbert Carl. No opinion. Judgment and order unanimously affirmed, with Defendants NEW YORK CENT. & H. R. R

SNIFFIN, Respondent, V. MURRAY et al. costs.

CO., Appellant). (Supreme Court, Appellate Di

vision, Second Department. February 11, 1913.) SIMONSON, Appellant, V. HOES, Public Action by William H. Sniffin against Patrick J. Adm'r, Respondent. (Supreme Court, Appellate Murray, Louis Munzinger and others, and the Division, First Department. February 20, 1903.) New York Central & Hudson River Railroad Action by Lucia Simonson against William M. Company. No opinion. Order affirmed, with Hoes, public administrator, etc. E. Frayer, for $10 costs and disbursements. appellant. F. W. Arnold, for respondent. No opinion. Order reversed, with $10 costs and

SOKOLSKI, Respondent, v. BUTTENWIESdisbursements, and motion denied, with $10 ER, Appellant. (Supreme Court, Appellate Dcosts to abide event.

vision, First Department. January 23, 1903.)

Action by Ray Sokolski against Joseph L. But SISSON, Respondent, v. IRISH, Appellant. tenwieser, impleaded. H. W. Unger, for appel(Supreme Court, Appellate Division, Fourth De- lant. E. W. S. Johnston, for respondent. Ne partment. January 20, 1903.) Action by Wil- opinion. Order affirmed, with $10 costs and disliam G. Sisson against George J. Irish. No bursements. opinion. Order affirmed, with $10 costs and disbursements.

SPEAR, Appellant, v. AMERICAN SERV.

ICE UNION, Respondent. (Supreme Court. SMITH, Respondent, v. ALBANY & H. RY. Appellate Division, Second Department Jano& POWER CO., Appellant. (Supreme Court, ary 23, 1903.) Action by Maude E. Spear, exAppellate Division, Third Department. January ecutrix, etc., of Arthur H. Spear, deceased, 14, 1903.) Action by Ida Smith against the against the American Service Union. No opinAlbany & Hudson Railway & Power Company. ion. Motion denied. No opinion. Judgment unanimously affirmed, with costs.

SPIER V. HYDE. (Supreme Court, Appel late Division, First Department. February 13,

1903.) Action by Charles L. Spier agaicst SMITH, Respondent, v. BYRNES, Appellant. Charles L. Hyde.No opinion. Motion denied. (Supreme Court, Appellate Division, Second Department. January 23, 1903.) Action by Harry W. Smith against Thomas F. Byrnes. No opin- R. CO., Respondent. (Supreme Court. Appellate

SPRAGUE NAT. BANK, Appellant, v. ERIE ion. Order modified by reducing the terms in. Division, Second Department. January 9, 1903.) posed from $80 to $30, and as modified affirmed, Action by the Sprague National Bank against without costs.

the Erie Railroad Company. No opinion. Jads

ment and order affirmed, with costs. See 57 X. SMITH v. LEHIGH VALLEY R. CO. (Su-Y. Supp. 844. preme Court, Appellate Division, Fourth Department. January 13, 1903.) Action by Porter D. STAFFORD, Respondent, T. STAFFORD, Smith, administrator,

against the

Lehigh Valley Appellant. (Supreme Court, appellate Division, Railroad Company. No opinion. Motion for re- Fourth Department. January 6, 1903.) Action argument denied, with $10 costs and disburse- by Delia W. Stafford against Jenny K. Stafford. ments. Motion for leave to appeal to Court of No opinion. Judgment affirmed, with costs. Appeals denied.

DAVY, J., not voting.

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